[Congressional Record Volume 144, Number 71 (Thursday, June 4, 1998)]
[Senate]
[Pages S5642-S5643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999

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                   THURMOND AMENDMENTS NOS. 2447-2449

  (Ordered to lie on the table.)
  Mr. THURMOND submitted three amendments intended to be proposed by 
him to the bill (S. 2057) to authorize appropriations for the fiscal 
year 1999 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

                           Amendment No. 2447

       On page 64, strike out lines 7 through 23, and insert in 
     lieu thereof the following:
       (3) The waiver authority under paragraph (1) does not apply 
     to the limitation in subsection (d) or the limitation in 
     section 2208(l)(3) of title 10, United States Code (as added 
     by subsection (e)).
       (d) Fiscal Year 1999 Limitation on Advance Billings.--(1) 
     The total amount of the advance billings rendered or imposed 
     for the working-capital funds of the Department of Defense 
     and the Defense Business Operations Fund in fiscal year 
     1999--
       (A) for the Department of the Navy, may not exceed 
     $500,000,000; and
       (B) for the Department of the Air Force, may not exceed 
     $500,000,000.
       (2) In paragraph (1), the term ``advance billing'' has the 
     meaning given such term in section 2208(l) of title 10, 
     United States Code.
       (e) Permanent Limitation on Advance Billings.--(1) Section 
     2208(l) of title 10, United States Code, is amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The total amount of the advance billings rendered or 
     imposed for all working-capital funds of the Department of 
     Defense in a fiscal year may not exceed $1,000,000,000.''.
       (2) Section 2208(l)(3) of such title, as added by paragraph 
     (1), applies to fiscal years after fiscal year 1999.
                                  ____


                           Amendment No. 2448

       Beginning on page 400, strike out line 11 and all that 
     follows through page 401, line 12, and insert in lieu thereof 
     the following:
     year 1999, $150,000,000 by the end of fiscal year 2000, 
     $200,000,000 by the end of fiscal year 2001, and $250,000,000 
     by the end of fiscal year 2002.
       (b) Limitation on Disposal Quantity.--The total quantities 
     of materials authorized for disposal by the President under 
     subsection (a) may not exceed the amounts set forth in the 
     following table:

                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
           Material for disposal                      Quantity          
------------------------------------------------------------------------
Chromium Metal--EL........................  8,511 short tons            
Columbium Carbide Powder..................  21,372 pounds contained     
Columbium Ferro High Carbon...............  249,395 pounds contained    
Columbium Concentrates....................  1,733,454 pounds contained  
Chromium Ferroalloy.......................  92,000 short tons           
Diamond, Stones...........................  3,000,000 carats            
Germanium Metal...........................  28,198 kilograms            
Indium....................................  14,248 troy ounces          
Palladium.................................  1,227,831 troy ounces       
Platinum..................................  439,887 troy ounces         
Tantalum Carbide Powder...................  22,681 pounds contained     
Tantalum Metal Powder.....................  50,000 pounds contained     
Tantalum Minerals.........................  1,751,364 pounds contained  
Tantalum Oxide............................  122,730 pounds contained    
Tungsten Ferro............................  2,024,143 pounds            
Tungsten Carbide Powder...................  2,024,143 pounds            
Tungsten Metal Powder.....................  1,898,009 pounds            
Tungsten Ores & Concentrates..............  76,358,230 pounds.          
------------------------------------------------------------------------

       (c) Minimization of Disruption and Loss.--The President may 
     not dispose of materials under subsection (a) to the extent 
     that the disposal will result in--
       (1) undue disruption of the usual markets of producers, 
     processors, and consumers of the materials proposed for 
     disposal; or
       (2) avoidable loss to the United States.
       (d) Relationship to Other Disposal Authority.--The disposal 
     authority provided in subsection (a) is new disposal 
     authority and is in addition to, and shall not affect, any 
     other disposal authority provided by law regarding the 
     materials specified in such subsection.
       (e) Authorization of Sale.--The authority provided by this 
     section to dispose of materials contained in the National 
     Defense Stockpile so as to result in receipts specified in 
     subsection (a) by the end of fiscal year 1999 shall be 
     effective only to the extent provided in advance in 
     appropriation Acts.
                                  ____


                           Amendment No. 2449

       Strike section 1013 of the bill and insert the following:

[[Page S5643]]

     SEC. 1013. TRANSFERS OF CERTAIN NAVAL VESSELS TO CERTAIN 
                   FOREIGN COUNTRIES.

       (a) Authority.--
       (1) Argentina.--The Secretary of the Navy is authorized to 
     transfer to the Government of Argentina on a grant basis the 
     tank landing ship Newport (LST 1179).
       (2) Brazil.--The Secretary of the Navy is authorized to 
     transfer vessels to the Government of Brazil as follows:
       (A) On a sale basis, the Newport class tank landing ships 
     Cayuga (LST 1186) and Peoria (LST 1183).
       (B) On a combined lease-sale basis, the Cimarron class 
     oiler Merrimack (AO 179).
       (3) Chile.--The Secretary of the Navy is authorized to 
     transfer vessels to the Government of Chile on a sale basis 
     as follows:
       (A) The Newport class tank landing ship San Bernardino (LST 
     1189).
       (B) The auxiliary repair dry dock Waterford (ARD 5).
       (4) Greece.--The Secretary of the Navy is authorized to 
     transfer vessels to the Government of Greece as follows:
       (A) On a sale basis, the following vessels:
       (i) The Oak Ridge class medium dry dock Alamogordo (ARDM 
     2).
       (ii) The Knox class frigates Vreeland (FF 1068) and Trippe 
     (FF 1075).
       (B) On a combined lease-sale basis, the Kidd class guided 
     missile destroyers Kidd (DDG 993), Callaghan (DDG 994), Scott 
     (DDG 995) and Chandler (DDG 996).
       (C) On a grant basis, the following vessels:
       (i) The Knox class frigate Hepburn (FF 1055).
       (ii) The Adams class guided missile destroyers Strauss (DDG 
     16), Semmes (DDG 18), and Waddell (DDG 24).
       (5) Mexico.--The Secretary of the Navy is authorized to 
     transfer to the Government of Mexico on a sale basis the 
     auxiliary repair dry dock San Onofre (ARD 30) and the Knox 
     class frigate Pharris (FF 1094).
       (6) Philippines.--The Secretary of the Navy is authorized 
     to transfer to the Government of the Philippines on a sale 
     basis the Stalwart class ocean surveillance ship Triumph (T-
     AGOS 4).
       (7) Portugal.--The Secretary of the Navy is authorized to 
     transfer to the Government of Portugal on a grant basis the 
     Stalwart class ocean surveillance ship Assurance (T-AGOS 5).
       (8) Spain.--The Secretary of the Navy is authorized to 
     transfer to the Government of Spain on a sale basis the 
     Newport class tank landing ships Harlan County (LST 1196) and 
     Barnstable County (LST 1197).
       (9) Taiwan.--The Secretary of the Navy is authorized to 
     transfer vessels to the Taipei Economic and Cultural 
     Representative Office in the United States (which is the 
     Taiwan instrumentality designated pursuant to section 10(a) 
     of the Taiwan Relations Act) on a sale basis as follows:
       (A) The Knox class frigates Peary (FF 1073), Joseph Hewes 
     (FF 1078), Cook (FF 1083), Brewton (FF 1086), Kirk (FF 1087) 
     and Barbey (FF 1088).
       (B) The Newport class tank landing ships Manitowoc (LST 
     1180) and Sumter (LST 1181).
       (C) The floating dry dock Competent (AFDM 6).
       (D) The Anchorage class dock landing ship Pensacola (LSD 
     38).
       (10) Turkey.--The Secretary of the Navy is authorized to 
     transfer vessels to the Government of Turkey as follows:
       (A) On a sale basis, the following vessels:
       (i) The Oliver Hazard Perry class guided missile frigates 
     Mahlon S. Tisdale (FFG 27), Reid (FFG 30) and Duncan (FFG 
     10).
       (ii) The Knox class frigates Reasoner (FF 1063), Fanning 
     (FF 1076), Bowen (FF 1079), McCandless (FF 1084), Donald 
     Beary (FF 1085), Ainsworth (FF 1090), Thomas C. Hart (FF 
     1092), and Capodanno (FF 1093).
       (B) On a grant basis, the Knox class frigates Paul (FF 
     1080), Miller (FF 1091), W.S. Simms (FF 1059).
       (11) Venezuela.--The Secretary of the Navy is authorized to 
     transfer to the Government of Venezuela on a sale basis the 
     unnamed medium auxiliary floating dry dock AFDM 2.
       (b) Bases of Transfer.--
       (1) Grant.--A transfer of a naval vessel authorized to be 
     made on a grant basis under subsection (a) shall be made 
     under section 516 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j).
       (2) Sale.--A transfer of a naval vessel authorized to be 
     made on a sale basis under subsection (a) shall be made under 
     section 21 of the Arms Export Control Act (22 U.S.C. 2761).
       (3) Combined lease-sale.--(A) A transfer of a naval vessel 
     authorized to be made on a combined lease-sale basis under 
     subsection (a) shall be made under sections 61 and 21 of the 
     Arms Export Control Act (22 U.S.C. 2796 and 2761, 
     respectively) in accordance with this paragraph.
       (B) For each naval vessel authorized by subsection (a) for 
     transfer on a lease-sale basis, the Secretary of the Navy is 
     authorized to transfer the vessel under the terms of a lease, 
     with lease payments suspended for the term of the lease, if 
     the country entering into the lease of the vessel 
     simultaneously enters into a foreign military sales agreement 
     for the transfer of title to the leased vessel. Delivery of 
     title to the purchasing country shall not be made until the 
     purchase price of the vessel has been paid in full. Upon 
     delivery of title to the purchasing country, the lease shall 
     terminate.
       (C) If the purchasing country fails to make full payment of 
     the purchase price by the date required under the sales 
     agreement, the sales agreement shall be immediately 
     terminated, the suspension of lease payments under the lease 
     shall be vacated, and the United States shall retain all 
     funds received on or before the date of the termination under 
     the sales agreement, up to the amount of the lease payments 
     due and payable under the lease and all other costs required 
     by the lease to be paid to that date. No interest shall be 
     payable to the recipient by the United States on any amounts 
     that are paid to the United States by the recipient under the 
     sales agreement and are not retained by the United States 
     under the lease.
       (c) Requirement for Provision in Advance in an 
     Appropriations Act.--Authority to transfer vessels on a sale 
     or combined lease-sale basis under subsection (a) shall be 
     effective only to the extent that authority to effectuate 
     such transfers, together with appropriations to cover the 
     associated cost (as defined in section 502 of the 
     Congressional Budget and Impoundment Control Act of 1974 (2 
     U.S.C. 661a)), are provided in advance in an appropriations 
     Act.
       (d) Notification of Congress.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary of the 
     Navy shall submit to Congress, for each naval vessel that is 
     to be transferred under this section before January 1, 1999, 
     the notifications required under section 516 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j) and section 525 of 
     the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1998 (Public Law 105-118; 111 
     Stat. 2413).
       (e) Grants not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of the naval vessels 
     authorized by subsection (a) to be transferred on a grant 
     basis under section 516 of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2321j) shall not be counted for the purposes of 
     that section in the aggregate value of excess defense 
     articles transferred to countries under that section in any 
     fiscal year.
       (f) Costs of Transfers.--Any expense of the United States 
     in connection with a transfer authorized by subsection (a) 
     shall be charged to the recipient (notwithstanding section 
     516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321j(e)(1)) in the case of a transfer authorized to be made 
     on a grant basis under subsection (a)).
       (g) Repair and Refurbishment in United States Shipyards.--
     The Secretary of the Navy shall require, as a condition of 
     the transfer of a vessel under this section, that the country 
     to which the vessel is transferred have such repair or 
     refurbishment of the vessel as is needed, before the vessel 
     joins the naval forces of that country, performed at a 
     shipyard located in the United States, including a United 
     States Navy shipyard.
       (h) Expiration of Authority.--The authority to transfer a 
     vessel under subsection (a) shall expire at the end of the 
     two-year period beginning on the date of the enactment of 
     this Act.
                                 ______
                                 

                     HUTCHINSON AMENDMENT NO. 2450

  (Ordered to lie on the table.)
  Mr. HUTCHINSON submitted an amendment intended to be proposed by him 
to the bill S. 2057, supra; as follows:

       On page 268, between lines 8 and 9, insert the following:

     SEC. 1064. CLARIFICATION OF CIRCUMSTANCES FOR WAIVER OF 
                   SUSPENSION OF PROGRAMS AND ACTIVITIES REGARDING 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       Section 902 of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (22 U.S.C. 2151 note) is amended--
       (1) in subsection (b)(2), by striking out ``in the national 
     interest'' and inserting in lieu thereof ``in the vital 
     national security interest''; and
       (2) by adding at the end the following:
       ``(d) Justification of Certain Waivers.--The President 
     shall submit to Congress a detailed justification of each 
     exercise of the authority under subsection (b)(2). Each 
     justification shall be sumitted in unclassified form, but may 
     include a classified annex.''.

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